What Is the Procedure for Filing an Appeal in Crown Court?

After a criminal trial in the Crown Court, a defendant who believes the conviction or sentence is incorrect may be able to appeal the decision. Appeals from the Crown Court follow a structured legal procedure governed by statute, court rules, and practice directions. This article explains the step‑by‑step procedure for filing an appeal in the Crown Court in England and Wales, including eligibility, forms, time limits, hearing preparation, and what outcomes may result. It provides clear, accessible explanations for members of the public, students, and solicitors.

Understanding Crown Court Appeals

The Crown Court is a higher criminal court that hears serious criminal cases, including indictable offences tried before a judge and jury. If a defendant is convicted or sentenced in Crown Court and believes there has been an error in law or procedure, there is a legal right - subject to permission - to ask a higher court to review that decision. That higher court is the Court of Appeal (Criminal Division).

Appeals serve as an important safeguard in the criminal justice system, ensuring fairness and legal correctness. They are not repeat trials of the case but involve a legal review of the basis for conviction and sentencing.

Who Can Appeal and What Decisions May Be Appealed?

Defendants

A defendant convicted in the Crown Court can appeal against:

• The conviction (challenge to guilt),
• The sentence (challenge to the punishment), or
• Both conviction and sentence.

It does not matter whether the defendant pleaded guilty or not guilty; either may be appealed.

Other Parties

In very limited circumstances, the prosecution may also appeal certain decisions, such as rulings on points of law or unduly lenient sentences (where legislative provisions allow). This article focuses on general appeal procedures for defendants.

Step‑by‑Step Procedure for Filing an Appeal

1. Apply for Permission to Appeal

Before an appeal can be heard by the Court of Appeal, the defendant must first apply for permission to appeal (sometimes called “leave to appeal”). This is a threshold stage in which a judge considers whether there is a recognisable basis for the appeal.

Forms for Permission

• There are separate application forms depending on whether the appeal is against conviction or sentence.
• Easy‑read versions of the Criminal Appeal Office Form NG are available for convictions and sentences respectively.

The defendant (or their legal representative) completes the relevant form and returns it by post or email to the address shown on the form.

Time Limits for Applications

• Conviction: Within 28 days of the date of conviction.
• Sentence: Within 28 days of the date of sentencing.
  If applying late, the defendant must explain and justify the delay; the court has discretion to extend time in some cases.

This first stage is procedural and ensures that only applications with arguable grounds proceed to a full appeal hearing before the Court of Appeal.

2. Permission Decision

A single judge reviews the application and decides whether to grant permission. If permission is granted, the appeal proceeds to a full hearing.

If permission is refused, the applicant has the right to renew the application before a “full court” panel of two or three judges.

If permission is refused on renewal, the appeal does not progress, though in rare and exceptional cases the defendant may consider applying to the Criminal Cases Review Commission (CCRC) for a review or pursue a higher appeal on matters of principle.

3. Serve the Notice of Appeal

Once permission is granted, the defendant (or their representative) formally serves the appeal documents, including the Notice of Appeal and grounds of appeal, on the Criminal Appeal Office and the Court of Appeal.

This involves:

• Emailing appeals to applications@criminalappealoffice.justice.gov.uk or sending them to the registered address.
• Ensuring each appeal (conviction and sentence) has its own standalone application.

The Court of Appeal acknowledges receipt and may set a timetable for further steps, including case preparation and hearing dates.

4. Preparation for the Appeal Hearing

Before the appeal hearing:

• Both defence and prosecution prepare written arguments summarising legal points.
• Skeleton arguments and case documents are filed with the court (as directed by the court timetable).
• Notices may be issued confirming hearing dates and procedural directions.

Hearing preparation is critical: appeals depend on precise legal points about error of law, misdirection, or unfair procedure rather than simply disputing factual findings.

5. The Appeal Hearing

At the hearing, a panel of Court of Appeal judges considers the appeal on the written material and oral arguments.

For appeals against conviction, the prosecution may participate and present arguments supporting the original decision. For sentence appeals, prosecution involvement depends on the issues raised.

The Court of Appeal has the power to:

• Uphold the conviction or sentence,
• Quash the conviction,
• Reduce or vary the sentence,
• In rare cases, order a retrial where appropriate.

Once the Court of Appeal delivers its decision, it is final in most cases unless further appeal is pursued on points of law to a higher court such as the Supreme Court.

Time Limits: Key Deadlines Explained

Time limits are fundamental to the appeal process:

• 28 days to apply for permission after conviction or sentence.
• After refusal of permission, renewal applications typically must be filed quickly, often within five business days of refusal (per rules governing renewal).

Strict adherence to deadlines is essential; failure without a valid reason makes appeals difficult or impossible to proceed.

Grounds for Appeal

The Court of Appeal considers specific legal questions, such as:

• Whether the conviction is unsafe due to legal or procedural errors,
• Whether the sentence is manifestly excessive or wrong in principle,
• Misapplication of legal principles or misdirection of a jury.

The appeal system is not designed to determine factual disputes anew; it focuses on legal correctness and fairness of process.

Practical Considerations and Common Questions

Can You Appeal Without a Lawyer?

Yes, individuals may apply for permission and represent themselves, but legal complexities mean representation is often recommended.

What If Permission Is Refused?

A renewed application can be made before a full court panel. If that fails, the next step may involve the Criminal Cases Review Commission or (very rarely) a further appeal on substantial legal principle to the Supreme Court.

Does Filing an Appeal Suspend the Sentence?

Filing an appeal does not automatically suspend the sentence. Defendants seeking changes (such as bail pending appeal) must apply to the court independently.

Key Takeaways

Filing an appeal in the Crown Court involves a formal procedure with defined steps:

• Apply for permission to appeal to the Court of Appeal within 28 days of conviction or sentence.
• Renew the application if permission is initially refused.
• Serve the Notice of Appeal and supporting documents once permission is granted.
• Prepare for and attend the appeal hearing before the Court of Appeal.
• Await the Court's decision on conviction and/or sentence.

Understanding the procedure, time limits, and legal requirements helps clarify a complex area of criminal justice, ensuring defendants exercise their rights effectively.